Haryana

Karnal

CC/366/2022

Usha - Complainant(s)

Versus

State Bank Of India - Opp.Party(s)

Satish Kumar

23 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No.366 of 2022

                                                        Date of instt.01.07.2022

                                                        Date of Decision:23.07.2024

 

Usha wife of Shri Naresh Kumar, resident of village and Post Office Kutail, District Karnal.

 

                                                 …….Complainant.

                                              Versus

 

1. State Bank of India, Branch Model Town, Karnal, through its Manager.
2. Parveen Employee/official of State Bank of India, Brach Model Town, Karnal (given up, vide order dated 13.01.2023)

 

…..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  None for the complainant.

                   Shri Pankaj Malhotra, counsel for the OP no.1.

                   OP no.2 given up.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that husband of complainant is having a salary account bearing no.108684571967 in the OP bank. The husband of complainant took a loan of Rs.3,50,000/- from the OP no.1 in February, 2021. Thereafter, the monthly installments of the same were regularly deducted by the OP no.1 from the account. Unfortunately, on 13.01.2022, the husband of complainant died and intimation was given to the OP no.1 After the last ceremonies, on 29.01.2022 the complainant visited the OP no.1 and moved an application with death certificate of her husband and requested both the OPs to take balance amount of the said loan and close the loan account as well as salary account. At that time, OPs told to complainant that there is no insurance will be given over the salary account and ATM, as it is only accidental case.. Then complainant checked the loan account and showed the passbook of the aforesaid salary account to the OP no.2, vide which OPs deducted the premium of Rs.3311/- on 25.02.2021 for the insurance for one year. Then on the advice of OPs, complainant visited the office of OPs at Sector-13, Karnal and submitted her claim form alongwith required documents., Thereafter, complainant obtained the statement of account on 29.01.2022, vide which OPs shows the amount of Rs.2,98,943/- payable without penalty and Rs.309440/- payable with penalty. Complainant duly submitted the claim form and all other requisite documents to the concerned office of OPs at sector-13 Karnal. But thereafter a message was received that “…….your SBI Life policy no.2Q537364404, premium is due on 28.02.2022” and when the complainant requested the OPs and their insurance officials in this regard that as the husband of the complainant died on 13.01.2022 and death certificate has already submitted with the OPs as well as SBI Life Insurance office also, but they did not listen to the complainant and compelled the complainant to put hold the said account and deposit the further installments of the said loan for auto debit and asked that otherwise heavy penalty will be imposed upon the same. As such the complainant deposited the installment i.e. for March, 2022. Complainant visited the OP bank and enquired for the claim amount and loan, but OPs again asked that no amount of the said insurance claim has been received and compelled the complainant to deposit the further installments of the said loan for April, 2022. In the compelling circumstances, complainant deposited the said installments. OPs also said the complainant that the loan account cannot be closed within so limited period of its starting and a penalty would be imposed upon the same. On 16.04.2022, complainant came to know that the claim amount has been deposited in her account and loan has not been deducted illegally and despite of the requests of the complainant. Then complainant requested the OPs to clear said loan and concerned official asked the complainant to deposit the balance amount of Rs.2,77,587/- in this account. The complainant moved an application with copy of death certificate, for closing the aforesaid saving account to the OPs and they assured the complainant that it is closed now. On 29.01.2022 as well as thereafter, complainant several times tried to get complete the passbook and visited the OPs and requested them in this regard, but neither they issued statement of this period, nor completed the said passbook and requested to get close the said loan account and salary account. Even on 16.04.2022, when complainant deposited the requisite amount for clear the loan amount but OPs intentionally not closed the said loan account and salary account inspite of completing all formalities. On 05.05.2022, complainant again went to the OPs for confirming the closing of the aforesaid loan and salary account but OPs did not  do so and then OPs inspite of the clearing/closing it, asked the complainant that as further interest an amount of Rs.1820/- is to be deposit in this account. The complainant again requested him that she has attached their letter with the application vide which the Senior Manager waived off the penalty as death case. But OP no.2 is still adamant on the penalty amount and even misbehaved with the complainant by misusing his post. OPs have illegally and wrongfully took extra amount i.e. installments and interest after 13.01.2022 or 29.01.2022 and not completing the loan amount directly as assured by them and also received further interest amount of Rs.1820/- illegally and forcibly and OPs pressurizing, harassing and misbehaving the complainant without any rhyme and reason to pay the further illegal amount. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to pay the insurance amount of saving account as well as ATM as assured by them and also directed to pay extra amount received by them illegally and forcibly i.e. all installments with interest after 13.01.2022 or 29.01.2022 (Rs.7541/- each for February, March, April) or take only due amount 298943-22623 (7541x3)=276320 and also directed to pay  the further interest amount  of Rs.1820/-, with 24% per annum interest, which was received by the OPs from the complainant, illegally and forcibly, alongwith compensation of Rs.2,00,000/- on account of harassment, for mental pain and agony etc. and litigation expenses to the tune of Rs.22000/- to the complainant.

2.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability. On merits, it is pleaded that in order to close the loan account of the husband of the complainant, the requisite amount as per law/rules was got deposited. The account was closed only after receiving the sanction and so the interest has been charged upto that date. The amount of Rs.276320/- after deducting the ATM insurance was deposited by the complainant as per the entries standing in the loan account. No negligence can be attributed on the part of any official of the bank much less OP no.2, who has since been transferred from the model town branch of the OP bank. It is further pleaded that the husband of complainant took the ATM insurance on his own and he was not compelled by any official of the bank It is further pleaded that after the death of her husband complainant approached the OP for closing the loan account. Every help was accorded to her and even the amount of ATM Insurance was got paid to her and after completing all the formalities the loan account was closed when the requisite amount was deposited by the complainant without any objections. It is denied that an amount of Rs.1820/- has been illegally got deposited. The amount deposited by the complainant was as per rules/terms of agreement of loan. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             On 13.01.2023, OP no.2 has been given up by the learned counsel for the complainant being unnecessary party.

4.             Parties then led their respective evidence.

5.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of death certificate Ex.C1, original receipt Ex.C2, copy of passbook Ex.C3, copy of loan discharge quotations Ex.C4 and Ex.C5, copy of check and voucher slip Ex.C6, copy of application dated 16.04.2022 Ex.C7, copy of voucher dated 05.05.2022 Ex.C8, copy of statement of account Ex.C9, SMS of mobile phone Ex.C10 to Ex.C15 and closed the evidence on 29.08.2023 by suffering separate statement.

6.             On the other hand, on 03.11.2021, learned counsel for the OP no.1 has suffered a statement to the effect that written statement filed on behalf of OP no.1 be read as part and parcel of the evidence on behalf of the OP no.1.

7.             We have heard the learned counsel for the OP and perused the case file carefully and have also gone through the evidence led by the parties.

8.             Complainant in his complaint has alleged that OPs have illegally and wrongly charged extra amount of Rs.7541/- from the month of February to April and Rs.1820/- as interest on the installments and also extremely harassed her. The onus to prove her version was relied upon the complainant. To prove her version complainant has relied upon the documents, Ex.C2 deposited slip of Rs.1820/-, statement of account Ex.C3, loan discharge quotations Ex.C4 and Ex.C5, copy of cheque and voucher slip Ex.C6, application dated 16.04.2022 Ex.C7, voucher dated 05.05.2022 Ex.C8, statement of account Ex.C9 and sms of mobile phone Ex.C10 to Ex.C15.

9.             On perusal of the aforesaid documents, it reveals that OP has charged the interest amount after closing the loan accounts and thereafer also sent the messages. To rebut the said documents, OP has filed a formal written version in a very casual way without supporting any documents. Further, OP did not tender any evidence and learned counsel for the OP has closed the evidence on behalf of the OP by suffering separate statement to the effect that written version filed by OP be read as part and parcel of the evidence. But written version filed by the OP is a formal one and OP neither filed the detail written version nor rebutted the evidence produced by the complainant. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, it has been proved on file, OP has wrongly deducted Rs.22,623/- (Rs.7541/- of the month of February to April ) and Rs.1820/- as interest on the installments and also extremely harassed the complainant, who is widow. Hence, the act of the OP amounts to deficiency in service and unfair trade practice. Thus, complainant is entitled for Rs.24,443/- alongwith interest, compensation for harassment, mental pain and agony and towards the litigation expenses.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund the amount of Rs.24,443/-  alongwith interest @ 9% per annum from the date of filing complaint i.e. 01.07.2022 till its realization to the complainant. We further direct the OP  to pay Rs.25,000/- to the complainant on account of mental agony and harassment and Rs.11,000/- towards the litigation expenses.  This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:23.07.2024                                                                    

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

(Vineet Kaushik)                (Sarvjeet Kaur)    

                     Member                           Member